Massachusetts
Criminal defense, civil litigation, and personal injury in Massachusetts
DiLibero & Associates defends people charged with crimes in Massachusetts and handles civil and injury cases there too. We appear in every Massachusetts state court and in the U.S. District Court for the District of Massachusetts. Lisa DiLibero, Esq., is admitted in Massachusetts and handles the firm's Massachusetts matters.
The Massachusetts courts where we appear
Massachusetts has one statewide Trial Court made up of seven departments. Criminal cases are heard mainly in three of them: the District Court, the Boston Municipal Court, and the Superior Court. Appeals go to the Appeals Court and the Supreme Judicial Court.
Federal cases are heard in the U.S. District Court for the District of Massachusetts. Federal appeals go to the U.S. Court of Appeals for the First Circuit.
| Court | What it handles |
|---|---|
| District Court | Most criminal cases start here. It can decide all misdemeanors, felonies punishable by up to 5 years, and certain other felonies listed by statute. It sits in 62 courts across the state. |
| Boston Municipal Court | Criminal and civil cases from the City of Boston and the Town of Winthrop, in 8 divisions: Brighton, Central, Charlestown, Dorchester, East Boston, Roxbury, South Boston, and West Roxbury. |
| Superior Court | The trial court of general jurisdiction. It can hear every criminal case and has exclusive original jurisdiction over first-degree murder. It sits in 20 courthouses in all 14 counties. |
| Appeals Court | The intermediate appellate court. It reviews decisions made by trial judges in the Trial Court departments. |
| Supreme Judicial Court | The highest court in Massachusetts. Its seven justices hear criminal and civil appeals. |
| U.S. District Court for the District of Massachusetts | Federal criminal and civil cases. Divisional offices in Boston (John Joseph Moakley U.S. Courthouse, 1 Courthouse Way), Worcester (Harold D. Donohue Federal Building and U.S. Courthouse, 595 Main Street), and Springfield (United States Courthouse, 300 State Street). |
| U.S. Court of Appeals for the First Circuit | Appeals from the federal district courts in Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island. |
Civil and injury cases in Massachusetts
Civil cases are split by size. The District Court hears civil cases where the damages are not likely to be more than $50,000. The Superior Court hears civil actions over $50,000.
We handle civil litigation and personal injury claims that arise in Massachusetts, including car accidents. If you were hurt in Massachusetts but live in Rhode Island, you can still meet with us in Providence.
Who prosecutes criminal cases in Massachusetts
State criminal cases are prosecuted by district attorneys. Massachusetts law divides the state into 11 districts for this purpose. Most follow county lines, but a few combine counties.
- Suffolk District: Suffolk County
- Northern District: Middlesex County
- Eastern District: Essex County
- Norfolk District: Norfolk County
- Plymouth District: Plymouth County
- Bristol District: Bristol County
- Cape and Islands District: Barnstable, Dukes, and Nantucket Counties
- Middle District: Worcester County, except the town of Athol
- Berkshire District: Berkshire County
- Hampden District: Hampden County
- Northwestern District: Franklin and Hampshire Counties, plus the town of Athol
Federal prosecutors in Massachusetts
The Attorney General's office can also bring some state cases. Federal crimes are prosecuted by the U.S. Attorney for the District of Massachusetts, who is appointed for the district and prosecutes offenses against the United States there.
Federal cases follow different rules on detention, pleas, and sentencing. Our federal court page explains how they work.
How a Massachusetts criminal case moves
Most cases begin in the District Court or the Boston Municipal Court with an application for a criminal complaint. Serious cases may be presented to a grand jury. If the grand jury returns an indictment, the District Court complaint is dismissed and the case moves to the Superior Court.
- Arrest or clerk-magistrate hearing. If you were not arrested and the charge is a misdemeanor, you are generally entitled to a show cause hearing before a clerk-magistrate. The magistrate decides whether there is probable cause to issue a complaint.
- Arraignment. This is your first court date. The charges are read and a not guilty plea is often entered for you. A lawyer is appointed if you face possible jail and cannot afford one. The court may also hold a bail hearing or a dangerousness hearing.
- Pretrial conference and pretrial hearing. The prosecutor and defense lawyer discuss discovery, whether the case can be resolved without a trial, and a trial date. They file a conference report with the court.
- Motions. Issues the two sides cannot agree on, such as discovery disputes or challenges to evidence, are raised by pretrial motion.
- Trial or resolution. The case ends in a trial before a judge or jury, a dismissal, a plea, or another disposition such as a continuance without a finding.
Before your first court date
A case cannot be resolved at arraignment unless you agree. Some people are offered a quick resolution that day. Before you accept anything, talk to a lawyer about consequences outside the criminal case, such as deportation, loss of public housing benefits, and student loan eligibility.
Plan to spend at least three hours at court for an arraignment. Bring every paper you have about the case.
How Massachusetts differs from Rhode Island
If you live in Rhode Island and are charged in Massachusetts, expect different words and different procedures. These are the differences people notice first.
| Issue | Massachusetts | Rhode Island |
|---|---|---|
| Name of the drunk driving charge | Operating under the influence (OUI), M.G.L. c. 90 § 24 | Driving under the influence (DUI), R.I. Gen. Laws § 31-27-2 |
| How far back prior offenses count | Lifetime, in any jurisdiction. A single prior at least 10 years old can still allow a 24D disposition, once in a lifetime | 10 years for offenses on or after July 1, 2025 |
| Resolving a case without a conviction | Continuance without a finding (CWOF): you admit sufficient facts, and the case is dismissed if you meet the conditions | Filing: a judge can place a non-felony complaint on file, and it is expunged automatically if no action is taken during the filing period |
Massachusetts procedures to know about
Show cause hearings. A person accused of a misdemeanor in Massachusetts who was not arrested usually gets a hearing before a clerk-magistrate first. If the magistrate finds no probable cause, no complaint issues and no criminal case begins.
The 24D disposition. A first OUI may be resolved under M.G.L. c. 90 § 24D if you consent. You are placed on probation for up to 2 years, complete a driver alcohol education program, and lose your license for 45 to 90 days, or 210 days if you were under 21. It still counts as a prior offense if you are ever charged again.
Dangerousness hearings. For certain charges, a Massachusetts prosecutor can ask a judge to hold you before trial because releasing you would endanger others. That hearing is governed by M.G.L. c. 276 § 58A.
Our Massachusetts practice
Lisa DiLibero, Esq., is admitted in Massachusetts and handles the firm's Massachusetts matters. Dylan C. DiLibero, Esq., appears in all Massachusetts state courts, the U.S. District Court for the District of Massachusetts, and the U.S. Court of Appeals for the First Circuit.
Our office is at 130 Dorrance Street in Providence. The firm has been in downtown Providence since 1991. These practice pages explain the work we do in Massachusetts.
Massachusetts criminal law topics
These guides explain the Massachusetts procedures clients ask about most.
Massachusetts court guides
Each guide explains what the court handles and what to expect when you go.
- Attleboro District Court
- Fall River District Court
- New Bedford District Court
- Taunton District Court
- Wrentham District Court
- Dedham District Court
- Brockton District Court
- Quincy District Court
- Uxbridge District Court
- Milford District Court
- Dudley District Court
- Boston Municipal Court, Central Division
- Bristol County Superior Court
- Norfolk Superior Court
- Plymouth Superior Court
- U.S. District Court, Boston
Frequently asked questions
Yes. Lisa DiLibero, Esq., is admitted in Massachusetts and handles the firm's Massachusetts matters. Dylan C. DiLibero, Esq., appears in all Massachusetts state courts and the federal court in Massachusetts. The first conversation is free.
It is a hearing before a clerk-magistrate to decide whether there is probable cause to issue a criminal complaint. It usually happens when a misdemeanor is alleged and the person was not arrested. If no complaint issues, no criminal case begins.
Under M.G.L. c. 278 § 18, a CWOF means no guilty finding is entered, and the case is dismissed if you meet the conditions. But it requires an admission to sufficient facts. It counts as a prior in OUI cases and can count as a conviction for immigration purposes.
Most criminal cases start in the District Court or, for Boston and Winthrop, the Boston Municipal Court. Serious felonies may be indicted by a grand jury and moved to the Superior Court. Federal charges go to the U.S. District Court, which has divisional offices in Boston, Worcester, and Springfield.
The charges are read and a not guilty plea is often entered for you. If you face possible jail and cannot afford a lawyer, the judge appoints one. The court may hold a bail or dangerousness hearing and, if the case is not resolved, sets a pretrial conference date.
Yes. Massachusetts counts prior OUI convictions and alcohol program assignments for life, from any jurisdiction. A single prior at least 10 years old may still allow a 24D disposition, once in a lifetime.
Next step
Charged in Massachusetts?
Call 401-621-9700 or send us a message. Our office hours are Monday to Friday, 8:00 a.m. to 4:00 p.m. The first conversation is free. We answer. We listen. We fight.